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File Number: 15-566 <br />WHEREAS, the Massage Therapy Act placed substantial limits on cities’ regulation of <br />massage establishments as it relates to business licensing, zoning, and health, safety, and <br />welfare regulation; and <br />WHEREAS, in 2009, San Leandro had 11 establishments that provide massage and now <br />has approximately 30 establishments that provide massage; and <br />WHEREAS, cities throughout California have received numerous complaints regarding <br />illicit activity, including prostitution, at massage establishments. In San Leandro one massage <br />establishment, with a history of multiple offenses for prostitution since 2011, was recently shut <br />down as part of a county-wide sting operation. Additionally, since the City Council adopted <br />Ordinance No. 2014-019, and after the City Council adopted Ordinance No. 2014-022, one <br />massage establishment had its business license revoked after the Police Department <br />discovered prostitution activities on the premises; and <br />WHEREAS, San Leandro, consistent with the Massage Therapy Act, has no existing <br />zoning regulations that address the location of California Massage Therapy Council <br />(“CAMTC”) certified massage establishments near potentially sensitive areas throughout the <br />City; and <br />WHEREAS, the California Legislature passed Assembly Bill 1147 which became effective <br />January 1, 2015, amending Section 460 of, and adding and repealing Chapter 10.5 <br />(commencing with Section 4600) of Division 2 of, the Business and Professions Code, and <br />amending Section 51034 of the Government Code; and <br />WHEREAS, Assembly Bill 1147 returned land use authority over massage establishments <br />to cities; and <br />WHEREAS, as applications for business licenses and massage permits are submitted to <br />the City, there is no determination whether the locations of such uses are consistent with the <br />purpose and intent of the City's zoning ordinance and unregulated massage establishments <br />conflict with contemplated zoning and with the public health, safety, and welfare; and <br />WHEREAS, as reflected in the findings for Ordinance No. 2014-019, Ordinance No. 2014- <br />022 and the findings herein, there is a current and immediate threat to the public health, <br />safety and welfare of the community if massage establishments locate in the City without <br />proper regulations in place. Absent the adoption of this urgency ordinance to extend <br />Ordinance No. 2014-022 , it is likely that the establishment and operation of massage <br />establishments in locations within the City, without appropriate controls in place to regulate <br />the impacts on the community, will result in harmful effects to the businesses, property owners <br />and residents of the City; and <br />WHEREAS, Article XI, Section 7 of the California Constitution provides that a city may <br />make and enforce within its limits all local police, sanitary and other ordinances and <br />regulations not in conflict with general laws; and <br />WHEREAS, California Government Code Section 65858, subdivision (a) provides: that city <br />legislative bodies may, to protect public safety, health and welfare, adopt as an urgency <br />measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated <br />Page 2 City of San Leandro Printed on 9/29/2015